Little v. Snedecor
Supreme Court of Alabama
Appeal from Sumpter Chancery Court. Heard before Hon. A. W. Dillard. The appellant filed on tbe 4tb day of October, 1872, a bill in chancery against appellees as administrators of the estate of J. J. Little, deceased, alleging that on the 7th day of October, 1866, appellant and said intestate “ entered into copartnership together under the name of Little & Little, as farmers, &c., for the purpose of carrying on the business of farmers and planters on joint account, and upon…
Read the full summary
Appeal from Sumpter Chancery Court. Heard before Hon. A. W. Dillard. The appellant filed on tbe 4tb day of October, 1872, a bill in chancery against appellees as administrators of the estate of J. J. Little, deceased, alleging that on the 7th day of October, 1866, appellant and said intestate “ entered into copartnership together under the name of Little & Little, as farmers, &c., for the purpose of carrying on the business of farmers and planters on joint account, and upon an equal division of the profits; and they then contributed as capital the amounts respectively, as appears from Exhibit…
1Opinion of the CourtJudge, J.
Real estate purchased by partners for the partnership business, and 'with partnership funds, becomes partnership property ; and it is not material in what manner it is bought, nor in what name it stands. It will make no difference that the title is in the deceased partner alone, for his heirs will be considered trustees for the survivor. Nor is it necessary that the trust should be expressed, for a court of equity will always supply this want, and treat the ownership as a distinct trust, if only the trust exist and is capable of proof and the land be in fact and substance partnership…
2Cases cited5 opinions
- Andrews v. Hobson's Adm'rSupreme Court of Alabama · 1853
- Goodman v. BenhamSupreme Court of Alabama · 1849
- Singleton v. GayleSupreme Court of Alabama · 1838
- Heirs of Pugh v. CurrieSupreme Court of Alabama · 1843
- Owens v. CollinsSupreme Court of Alabama · 1853
3Cited by16 opinions
- Hatchett v. BlantonSupreme Court of Alabama · 1882
- Dunlap v. ByersMichigan Supreme Court · 1896
- Goldsmith v. Eichold Bros. & WeissSupreme Court of Alabama · 1891
- Shackelford v. BankheadSupreme Court of Alabama · 1882
- Goldthwaite v. JanneySupreme Court of Alabama · 1893
11 more not listed; retrieve them via the Exa API.